ANALISIA SENGKATA MEREK TERKENAL “PIERRECARDIN” BERDASARKAN ASEAN COMMON GUIDELINES FOR THE SUBSTANTIVE EXAMINATION OF TRADEMARKS (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR.557 K/PDT.SUS-HKI/2015)
| Main Author: | Dewi, Pitaloka Tribunal Tungga |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/39515/1/pendahuluan.pdf http://eprints.umm.ac.id/39515/2/BAB%20I.pdf http://eprints.umm.ac.id/39515/3/BAB%20II.pdf http://eprints.umm.ac.id/39515/4/BAB%20III.pdf http://eprints.umm.ac.id/39515/5/BAB%20IV.pdf http://eprints.umm.ac.id/39515/6/LAMPIRAN.pdf http://eprints.umm.ac.id/39515/ |
Daftar Isi:
- Along with the development of the mark in the trade industry, must be accompanied also by the law in the field of brand protection. One of the main problems of law in the field of brand is a conflict between the owner of the mark which is identical, for example was a conflict between the brand PIERRE CARDIN France and PIERRE CARDIN Indonesia, where PIERRE CARDIN France sued PIERRE CARDIN Indonesia by reason of brand PIERRE CARDIN Indonesia registered on bad faith because it is identical with the well-known mark juridical(legalnormativeresearch).The purpose of this paper is to analyze the Supreme Court ruling No. 557 K / Pdt.Sus-Hki / 2015 Jo Commercial Court Decision No. 15 / Pdt / Sus-Brand / 2015 / PN.NIAGA.JKT.PST Contains About Lawsuit Cancellation Brand Pierre Cardin Indonesia and to know whether the brand PIERRE CARDIN France is a well-known mark based on positive law in Indonesia. Based on the results of research and discussion the author turns Supreme Court Decision No. 557 K / Pdt.Sus-Hki / 2015 does not contain legal certainty, PIERRE CARDIN France based on elements of well-known mark in Act No. 21 of 1961 on Marks Company and Commerce Trademark PIERRE CARDIN France do not meet the elements of famous brands because in this Act has not been set clearly on well-known mark, then in Act No. 19 of 1992 on Marks and Law No. 15 of 2001, PIERRE CARDIN French do not meet the elements well-known marks and the latest Trademark Law, namely Act No. 20 of 2016 on Marks and Geographical Indications french PIERRE CARDIN including well-known marks because they meet the elements well-known marks.